Topic 4: Age Discrimination

Question 1

ADEA Waivers

Answer 1

A statement from a retiring employee that he or she will not make a personal ADEA claim against the employer in exchange for retirement incentives.

Question 2

Age Discrimination

Answer 2

Treating an applicant or employee less favorably because of his or her age.

Question 3

Age Discrimination in Employment Act (ADEA)

Answer 3

Enacted in 1967, it protects employees who are 40 years of age and older.

Question 4

Older Workers Benefit Protection Act (OWBPA)

Answer 4

Enacted in 1990, it allows employers to offer retirement incentives to older workers.

Question 5

Reasonable Factor Other Than Age (RFOA)

Answer 5

An employer defense to a disparate impact claim that age was not a factor in an employment action.

Question 6

Reduction in Force (RIF)

Answer 6

Occurs when a business eliminates one or more positions as part of a strategic business plan to realign operations or reduce cost.

Question 7

Same Actor Defense

Answer 7

A defense used by the same employer who hires and then fires an over-39 employee to show that age was not a motivating factor in termination.